McAbee v. BiLo

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Terra McAbee,       
Appellant,

v.

Bi-Lo, LLC, Formerly Operating as Bi-Lo, Inc.,       
Respondent.

Appeal From Spartanburg County

Donald W. Beatty, Circuit Court Judge

Unpublished Opinion No.
2004-UP-123

Submitted December 23, 2003 – Filed February 25, 2004

AFFIRMED

Brendan M. Delaney, of Spartanburg, for Appellant.

Larence M. Hunter, Jr., of Greenville, for Respondent.

PER CURIAM: Terra McAbee’s complaint alleged
that she slipped and fell on a spill of grease in a store operated by Bi-Lo,
LLC, because Bi-Lo was negligent in failing to maintain its premises in a reasonably
safe condition.  The trial court directed a verdict in favor of Bi-Lo at the
end of all the evidence.  McAbee appeals, challenging that action.  We affirm
pursuant to Rule 220(b)(2), SCACR, because the point raised by McAbee is manifestly
without merit.  See Wintersteen v. Food Lion, 344 S.C. 32, 39,
542 S.E.2d 728, 731-32 (2001) (wherein the supreme court expressly declined
to depart from the traditional foreign substance analysis and held that “a storekeeper
is only liable if it places the substance on the floor or if it has actual or
constructive notice” of the substance).  

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.